Representative Cases & Seminars
Historic Road Law
Determining Public vs Private Roads
This case follows two roads that have traversed nearly 150 years to come before this Court. Today the roads run through a privately-owned ranch in Garfield County, Colorado. The dispute is whether these roads are public or private. Plaintiff and counterclaim defendant contends that the roads are private. Defendant and counterclaim plaintiff the Board of County Commissioners of Garfield County (“the county”) asserts that the roads are public. See full order here.
Title History; RS 2477, Prescriptive Public Highway
Retained as trial counsel, under pro hac vice, to remove 27 miles of Utah Class D Roads from private land. Project required extensive research into opening of Ute Reservation to non-Indian settlement, and priorities of patents for public lands. Successfully removed 26 of 27 miles of Class D Roads.
RS 2477; Prescriptive Public Highway;
Dedication to public use; Historical research and summaries
Retained as trial counsel, under pro hac vice, in two Road and Fuel Tax lawsuits involving oilfield roads in Northeastern Utah. If road were private, then Road and Fuel Tax not owed. Successfully determined that 200+ miles of roads were private and travel non-taxable.
Seminar: Public Highway Access Claims in Colorado;
A Primer for Officials
“The Mesa County-based Public Lands Access Association (PLAA) hosted one of Colorado’s foremost authorities on public roads law… James Beckwith, an attorney specializing in Colorado’s Enabling Act, offered his expertise to an audience of about 100, including numerous elected officials from Utah and Colorado…. Beckwith nevertheless, kept his comments focused on the specifics of RS-2477 law and how to use the statute as a tool in identifying and protecting historical rights-of-way.” (The Petroglyph, May 2016)
Access Legal Rights
RS 2477 Access Rights
Retained by private landowner to obtain access from public highway to 140 acre parcel across neighboring properties. Project required historical research over 132+ years of use, ownership, homestead, cash entry and squatting on public domain, together with Preemption Act of 1840. Litigation resulted in settlements providing access rights to client’s properties across public and private properties.
RS 2477 Access Rights
Historical Research on Road Development
Oilfield service company needed access over County road and federal agency asserted control of road. Project required historic research on land titles and road petitions under Colorado 1883 Highway Law (1883-1953). Selected and assembled multi-disciplinary team to establish NEPA protocols. Developed video documentaries. Application for conditional use permit granted with County retaining control of road.
Federal Lands Road Access Rights
High end hunting ranch blocked county road giving access to federal lands. Retained by County as historical researcher, legal advisor and expert witness to provide historical record and legal authorities establishing road as public highway. Extensive testimony in federal court as expert witness on road histories and laws.
Easement & Vacate Land Law
Easement: Survey and Boundary Issues
Retained as trial counsel on litigation involving issue whether monuments controlled over legal descriptions. Trial and appellate decisions established precedent in Colorado, which has also been cited in numerous Western states.
Vacating a Road; Historical research on road development
Private landowners sought to vacate alleged county road over property south of Colorado National Monument. Project required extensive historical research in Citizen Petitions, surveying and history of road. Presented findings to County official resulting in vacation of road.
